DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 09060-10
5 May 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 May 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 11 December 1989, at the age
of 20. On 1 November 1990, you were convicted by a summary
court-martial (SCM) of being in an unauthorized absence (UA)
status for 44 days, and wrongful use of a government telephone.
You were sentenced to a reduction in pay grade, and confinement
at hard labor for 30 days. On 26 June 1991, you received
nonjudicial punishment (NUP) for wrongfully disobeying a lawful
general order by being in the female barracks. On 19 July 1991,
you received NUP for assaulting a female Marine. On 15 Qeteber
1991, you were convicted by a special court-martial (SPCM) of
larceny, and assaulting a fellow Marine. You were sentenced to
forfeitures of $1,000, confinement at hard labor for 75 days, and
a bad conduct discharge (BCD). The discharge authority directed
the execution of your BCD. On 17 March 1995, after appellate
review, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of two NUP’s and conviction
by a SCM, and a SPCM. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
It is regretted that the circumstances of your case are such that
Favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate Ene
existence of probable material error or injustice.
Sincerely,
Lo Svea
W. DEAN PF
Executive e c
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